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Vulnerable People

Volume 537: debated on Tuesday 13 December 2011

Access to justice is a wide concept, encompassing general advice provision, access to courts, as well as privately and publicly funded advice and representation. In respect of legal aid, the provisions of the Legal Aid, Sentencing and Punishment of Offenders Bill are designed to ensure that resources are targeted at the most serious cases, in which public funding is justified, protecting fundamental rights to access to justice.

I thank the Minister for that answer.

“The Legal Aid, Sentencing and Punishment of Offenders Bill will have a damaging effect on access unless substantial amendments are made in the House of Lords.”

Those are not my words, but those of the esteemed Cross Bencher, Lord Pannick. Is the Secretary of State concerned by the opposition shown by Lord Pannick and others—especially given the enormous time pressure on business in the other place—and will he therefore save considerable time and effort by announcing now to the House his intention to reverse his damaging proposals on legal aid, which risk undermining access to justice for the most vulnerable?

We do recognise that there is a need to provide a suitable level of protection for the most vulnerable. Reforms will ensure that legal aid is targeted at those who need it most, for the most serious cases in which legal advice or representation is justified. Areas that remain in scope, such as domestic violence, asylum, property repossession and protecting children, demonstrate our commitment to that.

Thank you, Mr Speaker—I shall be brief. Is not one of the most important aspects of access to justice the time it takes to get a decision? Are there not still too many unnecessary adjournments in our court process, and what is the Minister doing about that?

With my honourable colleagues on the criminal side of the Department, I am looking at many areas in which to speed up court processes. Indeed, the speed of the magistrates court process has increased dramatically since we came into power.

That is all well and good but what the Minister does not say is that people who need debt, welfare benefit or housing advice will now be out of scope, as he well knows, and that that will have a knock-on cost. This is simply short-termism. On the definition of domestic violence, he also knows that far more people will be litigating in person, which will also be a waste of money.

I must put the right hon. Gentleman right: we are not ending debt advice or advice in some of the other areas he mentioned. In fact, we will still be spending some £50 million on social welfare advice.

Fifty-three peers of the 54 who spoke in the House of Lords on Second Reading of the Government’s flagship Legal Aid, Sentencing and Punishment of Offenders Bill expressed their worries about the Bill. They came from both sides of the political spectrum and many were among the country’s leading experts. Unlike their Liberal Democrat and Conservative counterparts in the House of Commons, they are not Whips’ fodder and will not be bought off by platitudes or the offer of jobs in government. What plans does the Minister have to address the concerns that they raised, or will there be no change from the Bill that left this House?

The right hon. Gentleman mentions the fact that the Bill is currently going through the other place and will shortly head to Committee. Of course, the Government, being a listening Government, and the Ministry of Justice, being a listening Ministry, will take onboard the concerns of noble Members in the other place and act accordingly.